NOTICE OF SPECIAL MEETING

 

COMMITTEE:   PERFORMANCE AND OVERVIEW (ORGANISATION)

DAY/DATE:      WEDNESDAY, 28TH JUNE 2006

TIME:               10.30 AM

VENUE:            EAST COMMITTEE ROOM 
                        MUNICIPAL BUILDINGS
                        EARLE STREET, CREWE  
  

Despatch date:  20th June 2006

Enquiries to:     Carol Jones   Tel: 01270 537598
                                            Fax: 01270 537605
                        E-mail: agendas@crewe-nantwich.gov.uk

    

Chair:               Councillor M R Jones Tel/Fax: 01270 661926
                        E-mail: cllr.maurice.jones@crewe-nantwich.gov.uk 

 

To:   Members of the Performance and Overview Committee (Organisation)
(Councillors W T Beard, J A Beech (Deputy Chair), D Charlesworth, R E Dodd, B Evans, A C Johnson, M R Jones (Chair), R Jones, Z S Krizanac, J Lewis, D J Straine-Francis and M J Weatherill)
Chief Executive, Executive Directors, Assistant Chief Executives
Other recipients of the agenda
Other Members of the Borough Council (front sheets only)  
Local Press and Radio

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MEMBERS OF THE PRESS AND PUBLIC ARE WELCOME TO ATTEND THIS MEETING

Notes for Members of the Public

The Performance and Overview (Organisation) Committee of 12 Members comprises 4 Labour, 6 Conservative, 1 Liberal Democrat and 1 Independent.
           

The Borough Council welcomes and encourages members of the public to attend its Committee, Board and Council meetings.

If you plan to attend, please report to the Reception Desk in the Municipal Buildings, where you will be provided with a Visitor's Pass.

Car parking is not available at the Municipal Buildings, but there are several town centre car parks.  There is a disabled access to the rear of the Municipal Buildings, and this can be accessed through the side door on Vernon Way.  Please press the button for attention, and someone will meet you and escort you through to the main reception area.
           

You are asked to remain quiet whilst the meeting is taking place, and to enter and leave the meeting room, or public gallery of the Council Chamber, as quietly as possible.  Please ensure that if you have a mobile phone or pager, it is switched off for the duration of the meeting.

You are not allowed to have drinks or food in the meeting rooms or in the Public Gallery, other than beverages offered by the Council during Committee breaks.  A "No Smoking" policy operates in the Municipal Buildings.

 

Fire Evacuation

If the fire alarm rings, you should make your way to the nearest exit with your belongings, as quickly as possible, and leave the building.  Please follow any instructions from staff about evacuation routes.            
 
Copies of the agenda will be available if you attend. Agendas are also made available on the Internet and can be accessed via the Council's website see front page for details.

On occasions, members of the press and public will be excluded from the meetings when the business to be transacted is of a confidential nature, for example, dealing with individual people, contracts and financial affairs of other parties.

If you require any further information, please contact Carol Jones the Committee Officer.

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1 Declaration of Interests

 

Any Member present (including non-Committee Members) to declare any personal or prejudicial interest, and the nature of the interest, which they have in any item of business on the agenda and, if necessary, to leave the meeting prior to discussion of that item.

 

Members who also serve as County, Town or Parish Councillors, are reminded of the need to make declarations in respect of any item which directly concerns the business of the appropriate authority.

 

Declarations are a personal matter for each Member to decide.  Whilst Officers will advise on the Code of Conduct and its interpretation, the decision to declare, or not, is the responsibility of the Member, based on the particular circumstances.

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Members to declare in respect of items where the whip has been applied.

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3.1 Under the Council's Constitution, any decision of the Board or a Portfolio Holder may be called-in by the appropriate Performance and Overview Committee not later than 3 working days after publication of the decision.

 

3.2 In accordance with paragraph 14 of the Performance and Overview Procedure Rules, a notice has been received by Councillors W T Beard, M R Jones, R Jones and D J Straine-Francis, who consider that Decision No. 9 (Consultation War Memorial) should be reviewed.

 

 3.3 Stated Reasons for Call-In

The stated reason for the call-in is that "in the light of significant local concern, and in the best interests of the general public, the decision should be called in".   

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4 Review of Decision

 

4.1 To enable the Committee to review the decision, the following papers are attached

(a) The Decision has been called-in by 4 Members of the Committee.  It is for the full committee to decide if the matter should be considered further.

(b) If the answer to the above is "no", then the decision must be accepted.

(c) If the answer is "yes", move to Stage 2.

 

(a) The Committee is invited to consider the decision and whether there should be a reference back to the Board or to Council? 

The Committee's discussion of the Decision should focus on the  reasons for reference back, which are contained in the Procedure  Rules

Reasons for referral (Paragraph 14.1 (a) of the Procedure Rules)

The reasons for either the Board or Council to reconsider shall fall into one or more of the following categories

 (a) Ultra Vires (ie outside the legal powers of the Council)
 (b) Outside Council policy
 (c) Outside budget fixed by Council
 (d) Relevant to an area of policy or practice currently being examined by a Performance and Overview Committee
 (e) Of particularly high local significance or of public interest

 

If the reason for referral does not fall into one or more of the above categories, there can be no referral and the Committee is required to accept the Decision.

 

Referral Direct to Council (Paragraph 14.1 (c) of the Procedure Rules)

The Committee should note that a Decision can only be referred direct to Council for reconsideration if it resolves both that the decision is of particularly high local significance or of public interest and that Council, not the Board, is the appropriate forum for further consideration or review.

 

(b) Having discussed the issue, the Committee is invited to -

- accept the decision; OR
- request that the decision be reconsidered and give reasons for that reconsideration, which must fall within one of the categories set out in clause 14.1 (a) (ii) of the Procedure Rules.

 

 

Note:  In accordance with the Health and Safety at Work Act, the Council is required to notify those attending meetings of the fire evacuation procedures.  A copy has previously been distributed to Members and instructions are located in all rooms within the Civic Suite.